JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 16, 2012

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of Allegiance led by Senate page Tessa Stoltenburg.

Roll Call: All members present except Sens. Hundstad, Krebs, and Nygaard who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-second day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1195 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1128 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1153 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 1, of the printed bill, before "provide" delete "to".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1084 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan Maher, Vice Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1050, 1064, and 1212 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1047, 1063, and 1065 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1192 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1059, 1079, and 1121 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7, of the House State Affairs Committee engrossed bill, after "chapter" insert "from manufacturer authorized facilities in this state".

And that as so amended said bill do pass.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 9, 14, 15, 23, 32, 35, 36, 38, 45, and 50 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 33, 34, and 51 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., February 16, 2012.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 4, 9, 14, 15, 23, 32, 35, 36, 38, 45, and 50 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 Introduced by: Senators Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen, Tom; Haverly; Heineman; Holien; Hundstad; Hunhoff, Jean; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson, Tom; Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-seventh Legislature of the State of South Dakota to Amy Beyl, Caley Dauwen, Zane Frederick, Haley Hohn, Emily Ketteler, Lucas Peterson, Thea Rave, Madeline Schueller, Shelby Simon, Tessa Stoltenburg

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-seventh Legislative Session; and

WHEREAS, the members of the Eighty-seventh Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Rave moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Rave's motion that Senate Page Resolution 3 be adopted.

Which motion prevailed.

Sen. Olson moved that HB 1018 be deferred to Tuesday, February 21, the 24^th legislative day.

Which motion prevailed.

Sen. Olson moved that HB 1078 be referred to the Committee on Appropriations.

Which motion prevailed.

Sen. Gray moved that HB 1228 be referred from the Committee on Taxation to the Committee on State Affairs.

Which motion prevailed.

SCR 6 Introduced by: Senators Heineman, Adelstein, Buhl, Cutler, Haverly, Johnston, Kraus, Krebs, Novstrup (Al), Peters, Rampelberg, and Schlekeway and Representatives Gosch, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Deelstra, Dryden, Feinstein, Gibson, Haggar, Hansen (Jon), Hawley, Hickey, Hubbel, Hunt, Jensen, Kirkeby, Kopp, Liss, Lust, Magstadt, Olson (Betty), Romkema, Rozum, Schaefer, Sly, Stricherz, Tornow, Vanneman, Verchio, Wick, and Willadsen

A CONCURRENT RESOLUTION, Urging the government of Turkey to uphold and safeguard religious and human rights and to respect the property rights and human rights of the Ecumenical Patriarchate.

WHEREAS, the Orthodox Christian Church, in existence for nearly two thousand years, numbers approximately three hundred million members worldwide, with more than two million members in the United States; and

WHEREAS, since 1453, the continuing presence of the Ecumenical Patriarchate in Turkey has been a living testament to the religious coexistence of Christians and Muslims; and

WHEREAS, this religious coexistence is in doubt because the Ecumenical Patriarchate is considered a minority religion by the Turkish government; and

WHEREAS, there were millions of Orthodox Christians living in Turkey at the turn of the twentieth century, but there remain fewer than three thousand in Turkey today; and

WHEREAS, Orthodox Christians in South Dakota and throughout the United States are deeply concerned about the possible loss of their spiritual leader; and

WHEREAS, while there have been difficulties in the past with the relationship of the Orthodox Christian Church and the Turkish government, ceratin recent actions by the Turkish government suggest an interest in improving its relationship with and treatment of the Orthodox Christian Church, and such actions are acknowledged and welcomed by the Christian Orthodox community; and

WHEREAS, the people of South Dakota desire to encourage continued dialogue and communication between the leadership of the Turkish government and the Orthodox Christian Church, such as recent high-level meetings between Turkish officials and the Ecumenical Patriarchate; and

WHEREAS, many state Legislatures have already expressed similar sentiments and concerns in legislative resolutions; and

WHEREAS, eighty-nine United States Senators, including Senator John Thune and Senator Tim Johnson, recently signed a letter to President Obama declaring that the restoration of religious freedom and human rights for Ecumenical Patriarch Bartholomew is in the best interests of people of all faiths, including those in both America and Turkey:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges the government of Turkey to uphold and safeguard religious and human rights of all its citizens without exception, to grant the Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, and the right to train clergy of all nationalities, and to respect the property rights and human rights of the Ecumenical Patriarchate and all religious and faith traditions.

Was read the first time, the President waived the referral to committee, and placed SCR 6 on the calendar of Tuesday, February 21, the 24^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the reports of the Standing Committees on

Health and Human Services on HB 1263 as found on page 432 of the Senate Journal; also

Local Government on HB 1131 as found on page 433 of the Senate Journal; also

State Affairs on HB 1046 as found on page 434 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bradford requested that HB 1066 be removed from the Consent Calendar.

HB 1019: FOR AN ACT ENTITLED, An Act to revise the license fee for snowmobiles and to revise the period of such license.

Was read the second time.

The question being "Shall HB 1019 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1032: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the temporary permit for a specialty license plate with an organization or first responder decal.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the platting and annexation of subdivisions.

Was read the second time.

The question being "Shall HB 1162 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1163: FOR AN ACT ENTITLED, An Act to allow political subdivisions of the state to operate as organizations formed under § 58-18-52 for the purchase of health insurance.

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1172: FOR AN ACT ENTITLED, An Act to exempt certain developer-installed storm sewer detention ponds from public procurement bid requirements.

Was read the second time.

The question being "Shall HB 1172 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the county legal expense relief program.

Was read the second time.

The question being "Shall HB 1173 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1233: FOR AN ACT ENTITLED, An Act to provide for the public access to the records of former Governors and lieutenant governors.

Was read the second time.

The question being "Shall HB 1233 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance Guarantee Association may become obligated to cover for annuities, to provide for retroactive application, and to declare an emergency.

Was read the second time.

Sen. Olson moved that HB 1071 be placed to follow HJR 1002 on today's calendar.

Which motion prevailed.

HB 1031: FOR AN ACT ENTITLED, An Act to establish a license fee and a renewal fee for carriers licensing under the International Fuel Tax Agreement, to establish a decal fee and a mailing fee, and to provide for the disposition of the fees.

Was read the second time.

The question being "Shall HB 1031 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural purposes from sales and use taxes.

Was read the second time.

The question being "Shall HB 1116 pass as amended?"

And the roll being called:

Yeas 24, Nays 8, Excused 3, Absent 0

Yeas:
Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson (Tom); Putnam; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Adelstein; Brown; Heineman; Juhnke; Novstrup (Al); Olson (Russell); Peters; Rampelberg

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HJR 1002: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

Was read the second time.

The question being "Shall HJR 1002 pass?"

And the roll being called:

Yeas 25, Nays 7, Excused 3, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Peters; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Brown; Gray; Holien; Johnston; Juhnke; Olson (Russell); Putnam

Excused:
Hundstad; Krebs; Nygaard

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed and the title was agreed to.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1071 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hundstad; Krebs; Nygaard

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SIGNING OF BILLS

The President publicly read the title to

SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veterans' bonus program and to declare an emergency.

SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program and dental tuition reimbursement program and to declare an emergency.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol or drug commitments.

SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the treatment of persons with mental illness, including consent to treatment.

SB 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for annuities.

SB 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations and increase certain civil penalties regarding pipeline safety inspection.

SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an office building in Rapid City, to make an appropriation for the construction and renovation of the office building, and to declare an emergency.

SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend the availability of appropriations to replace storage facilities at the Cottonwood Agricultural Experiment Station.

SB 50: FOR AN ACT ENTITLED, An Act to revise the permissible uses of the cigarette fire safety standard act fund.

HB 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating to the State Cement Plant Commission.

HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the full-time equivalent staffing report.

And signed the same in the presence of the Senate.

SC 12 Introduced by: Senators Rhoden, Maher, and Nelson (Tom) and Representatives Brunner, Olson (Betty), Romkema, Turbiville, and Wink

A LEGISLATIVE COMMEMORATION, Congratulating the Belle Fourche Area Community Center in Belle Fourche, South Dakota, for twenty years of service to the community.

WHEREAS, the Belle Fourche Area Community Center has been dedicated to enhancing the quality of life in the community for its citizens by providing recreational, cultural, and civic
activities for the diverse population of the tri-state area; and

WHEREAS, the Belle Fourche Area Community Center is a city-owned and financed facility dedicated to serving the needs of the community by improving the quality of life for all; and

WHEREAS, the Belle Fourche Area Community Center offers an impressive variety of adult, youth, and senior programming and events to address the needs of the community, including an after school program and summer school program; and

WHEREAS, the Belle Fourche Area Community Center serves as a gathering place for the
community to work together to address the many needs of the citizens and as an emergency
sheltering facility in times of need; and

WHEREAS, the Belle Fourche Area Community Center will be celebrating twenty years of
service to the community with the Grand Twentieth Anniversary Weekend Celebration on June 8, 9, and 10, 2012, which is the anniversary of the grand opening weekend in 1992:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Belle Fourche Area Community Center be recognized as it celebrates twenty years of service.

Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at 1:50 p.m. the Senate adjourned.

Fee Jacobsen, Secretary